ADA Frequently Asked Questions

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General

1. What is the Americans with Disabilities Act (ADA)?

The ADA is a civil rights law that protects people in the United States from disability-related discrimination. Discrimination can include being denied goods or services, unequal services or programs, workplace harassment, and other forms of unequal treatment based on disability. . The law has 5 sections called "Titles" which cover employment, state & local government, places of public accommodation (i.e., businesses and nonprofits), telecommunications and transportation.

A person does not need to be a U.S. citizen to be protected under the ADA.

The ADA was signed on July 26, 1990. It was later amended under the ADA Amendments Act of 2008 (ADAA) which is the current version used today.

Resources(s):

Americans with Disabilities Act of 1990, as Amended

2. How does the ADA define disability?

The ADA defines disability in three parts. A person only needs to meet one part to be protected:

The person has a physical or mental impairment that substantially limits a major life activity.
The person has a record or history of a disability (e.g., cancer patients who are in remission).
The person is regarded as or assumed to have a disability (e.g., individuals with severe facial scarring but no actual impairment).

Major Life Activities can include, but are not limited to, caring for oneself, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Major life activities also include Major Bodily Functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Resource(s):

Introduction to the Americans with Disabilities Act

3. Is gender dysphoria considered a disability?

In the case of Jane Doe v. Georgia Department of Corrections (GDC), the U.S. Department of Justice (DOJ) issued a statement of interest filed on January 8th, 2024 which clarified that gender dysphoria - a serious medical condition that arises when a person experiences significant distress or impairment because of the differences between their gender identity and assigned sex - would meet the ADA definition of disability.

While the ADA does not consider gender identity (a person's sense of self in relation to gender) to be a disability, the DOJ clarified in their statement that gender dysphoria is not a way of identifying oneself, but rather, a medical condition that can result in clinically significant stress and impairment that meets the ADA definition of disability.

The DOJ identified the following points in their statement:

The definition of disability is meant to be interpreted broadly.

When Congress enacted the ADA, it included a list of non-disabilities such as "transsexualism" and "gender identity disorders". However, these terms merely referred to identifying as a different gender from ones assigned sex at birth which is why they are not considered disabilities.

Gender dysphoria can be a disability when it causes significant clinical distress and impairment.

A diagnosis of gender dysphoria can require clinical interventions such as hormone therapy or gender-affirming surgery to reduce the likelihood of other health consequences (suicide, etc.).

Like gender identity, normal pregnancy is another common example of a status that is not considered a disability on its own under the ADA but may have related complications or conditions that do qualify as a disability.

Resource(s): Doe v. Georgia Department of Corrections - Statement of Interest (January 8, 2024)

4. What is the difference between a service animal and an emotional support animal?

The ADA protects people with disabilities and their right to bring trained service animals into covered locations like businesses, hotels, hospitals, grocery stores, government buildings, etc.

Emotional support animals are not specifically defined under the ADA but they still provide valuable services and may be covered for access in certain situations.

1. Service Animals: Dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Generally, trained service animals are allowed in any public space their handler is allowed to go, however, there are exceptions. For example, if the presence of the animal would result in a fundamental alteration or a direct threat to health and safety, the animal may be denied access. If this happens, the handler must be given the opportunity to receive goods or services without their animal present. Dogs or miniature horses whose sole function is to provide comfort or emotional support (e.g. emotional support animals) do not qualify as service animals under the ADA.

2. Emotional Support Animals (ESAs):These animals are often used as part of a disability-related treatment plan to provide companionship, relieve loneliness, help with depression, anxiety, etc. Unlike service animals, ESAs do not have training to perform specific tasks. However, they may be covered under the Fair Housing Act (FHA) as a housing accommodation for a person with a disability and, in some instances, could be considered as a workplace accommodation under Title I of the ADA. However, ESAs are not considered trained service animals and are not protected under the ADA for general public access.

What's the Difference?
The difference between an ESA and a service animal is in the training. For example, the Department of Justice has specified that if a dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, this would qualify as a service animal task. However, if the dog’s mere presence provides comfort, that would not be considered a service animal under the ADA as the animal has not been trained to recognize or take a specific action related to the handler's disability. In addition, service animals must be housebroken and kept under control in public places covered by the ADA or they can be removed. This often requires extensive behavioral training for the animal to be effective and reliable in public places.

Resource(s):
Frequently Asked Questions (FAQ) about Service Animals and the ADA

5. Do ADA covered entities have to allow people using other power-driven mobility devices like golf carts and Segways to go anywhere pedestrians are allowed to go?

It depends. In general, covered entities must allow people with disabilities who use manual or power wheelchairs or scooters as well as manually-powered mobility aids (e.g. walkers, crutches, and canes) into all areas of a facility where members of the public are allowed to go.

However, for other power-driven mobility devices (OPDMDs) such as golf carts, Segways, etc., the ADA sets out five specific factors for a covered entity to consider when deciding whether a particular type of device can be accommodated:

The type, size, weight, dimensions, and speed of the device
The facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year)
The facility’s design and operational characteristics (e.g., whether its business is conducted indoors or outdoors, its square footage, the density and placement of furniture and other stationary devices, and the availability of storage for the OPDMD if needed and requested by the user)
Whether legitimate safety requirements (such as limiting speed to the pace of pedestrian traffic or prohibiting use on escalators) can be established to permit the safe operation of the OPDMD in the specific facility
Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations

It is important to understand that these assessment factors relate to an entire class of device type, not to how a person with a disability might operate the device.

When it comes to device operation, covered entities can develop and publicize rules such as speed limits, security screening requirements and storage protocols for persons with disabilities who use OPDMDs.

Resource(s):
ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices (OPDMDs)

6. If a person is experiencing discrimination due to drug or alcohol addiction, are they protected under the ADA from disability discrimination?

 Typically, yes if a person is not currently illegally using drugs. A person is covered under the ADA if they meet at least one part of the definition of disability:

Physical or mental impairment that substantially limits one or more major life activities (i.e. an individual with a current addiction to alcohol);
History of such an impairment (i.e. a sober individual in recovery from the illegal use of drugs or alcohol); or
Regarded as having such an impairment (i.e. a person is assumed to be addicted to drugs or alcohol).

Major life activities can include things like walking, seeing, hearing, communicating, learning, working, etc. as well as the operation of bodily functions (e.g. circulatory, neurological, respiratory).

Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions.

While both drug and alcohol addiction can be considered disabilities under the ADA, the law’s protections can apply differently depending on whether the person is currently using:

Alcoholism: Generally considered a disability and protected against discrimination whether the use of alcohol is in the present or in the past
Illegal Drug Use/Addiction: Only protected against discrimination when a person is no longer engaging in the illegal use of drugs.

Coverage under the ADA does not mean a person is exempt from laws regarding public intoxication, driving while under the influence, or drug and alcohol policies in the workplace.

Resource(s):
The ADA, Addiction, Recovery, and Employment

7. Does the ADA apply to non-U.S. citizens?

Generally, yes. The Americans with Disabilities Act (ADA) applies to any person with a disability who falls within the jurisdiction of the United States. This can include undocumented immigrants, tourists from other countries, international students, and other non-U.S. citizens.

Resources(s):

Research Article: Can undocumented immigrants pursue protection under the ADA? - Rocky Mountain ADA Center

8. Who can park in an accessible parking space?

The 2010 ADA Standards for Accessible Design specify accessible parking requirements such as the number of spaces and the size of the spaces but not who is qualified to park there. This piece is typically addressed by state law. Each state creates and maintains their own eligibility criteria and procedures to issue accessible parking permits to people with disabilities, usually in the form of placards or license plates. These permits may only be available to certain people based on their limitations or they may come with a benefit, such as free metered parking. Because these permits are established through state law, enforcement is typically carried out by state or local law enforcement, not the federal ADA enforcement agencies. State and local governments can also create additional requirements for accessible parking spaces that go above and beyond the ADA minimums. These additional requirements would also be enforced on the state or local level.

Finally, accessible parking spaces within a particular lot may have other general eligibility criteria that would apply to anyone, regardless of disability. For example, some lots may require a person to be an employee to park there or require them to purchase a parking pass. As long as the criteria is applied equally to people with and without disabilities, this is generally allowed.

Resources(s):

Title I: Employment

9. How does Title I of the ADA protect people from disability discrimination in employment?

Title I of the ADA applies to private employers employment staffing agencies, and labor organizations (i.e., unions) with 15 or more employees as well as all state and local government employers. These covered employers must provide equal employment opportunities to people with disabilities. They may not discriminate against qualified applicants or employees who are protected under the ADA.

Title I prohibits workplace harassment based on disability; illegal medical and disability-related questions in recruitment, hiring, and employment activities; illegal medical examinations; and retaliation for engaging in protected activities under the ADA, such as filing a discrimination complaint.

Title I covers all aspects of employment such as the recruitment and hiring process, on-boarding and training, employer-sponsored professional development opportunities, promotions, firing and lay-offs, benefits, and pay rates.

The law also requires covered employers to make reasonable accommodations when necessary to provide equal opportunities to qualified applicants or employees with disabilities. If an accommodation would result in an undue hardship for the employer, it is not considered “reasonable” and does not need to be provided. However, the employer has an obligation to look for other accommodation options that would be effective and would not result in an undue hardship.

Federal Applicants and Employees: The Rehabilitation Act of 1973 is the civil rights law that protects federal applicants and employees from discrimination based on disability.

Resource(s):

10. What is a reasonable accommodation in employment?

A reasonable accommodation is a change in the hiring process, work environment or the way things are usually done that enables a person with a disability to enjoy equal employment opportunities.

There are three main categories:

Changes to the job application process;
Changes to the work environment or the way a job is usually done; or
Changes that enable an employee with a disability to enjoy equal benefits and privileges of employment.

Reasonable accommodation requests can include, but are not limited to, modifying policies, making existing facilities accessible, job restructuring, telework, part-time or modified work schedules, providing equipment or assistive technology, leave and reassignment.

Resource(s):

11. Are there certain requests that are not considered reasonable?

Yes. In general, an employer does not have to:

Change an employee’s supervisor;
Eliminate a primary job responsibility (i.e., an essential job function);
Lower production standards or quotas
Provide personal use items that are needed and used for activities both on and off the job, such as prosthetic limbs, wheelchairs, eyeglasses, hearing aids, and other similar devices;
Provide an accommodation that would result in a legitimate threat to health or safety; or
Provide an accommodation that would result in an undue financial or administrative hardship.

However, under the ADA employers can be required to:

Change supervisory methods, such as the method of communicating assignments;
Eliminate or reassign marginal job functions;
Provide reasonable accommodations that allow a person with a disability to meet production standards; and
Provide personal use items when they are provided to other employees (a company phone, a work laptop, etc.). They can also be provided when the item is specifically designed or required to meet job-related rather than personal needs (a hearing device to use the company phone, a cooling vest for a grounds keeper with multiple sclerosis, etc.). When personal use items are provided as an accommodation, they can be required to be left at the workplace.

Resource(s):

12. What is an undue hardship?

Sometimes, the accommodations a person requests would result in a significant difficulty or expense for the employer. This is what the ADA calls “undue hardship.”

Undue hardship can refer to financial difficulty but also to requests that are overly extensive, disruptive, or would fundamentally alter the nature of the job or operation of the business. An employer never has to provide an accommodation that causes an undue hardship.

Every request must be evaluated separately to determine if it would impose an undue hardship. Relevant considerations can include things like:

The nature and cost of the accommodation;
The overall financial resources of the business;
The number of persons employed by the business;
The effect on expenses and resources of the business; and
The impact of the accommodation on the business.

If cost is the issue, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. As a last resort, the employer can ask the requestor if they are willing to pay the difference if the employer can only cover a portion of the cost without incurring an undue hardship.

Disruption of operations (need for staffing coverage, production quotas, etc.) can also be considered an undue hardship. However, this defense must be concrete and substantial. Minor inconveniences or general assumptions would not support a defense of undue hardship under the ADA.

Resource(s):

13. How does an applicant or employee request a reasonable accommodation?

Accommodation requests can be made at any time during the application or hiring process as well as any time during an employee’s period of employment. Requests may also be made on behalf of the individual by someone else (a family member, friend, coworker, spouse, etc.). When making a request, the person must let the employer know that the accommodation is needed due to a disability, unless the disability and reason are obvious (e.g., a deaf employee requests a sign language interpreter to communicate with hearing clients).

If the disability or need for the requested accommodation is not obvious, employers can request documentation which establishes that the person has a qualifying disability under the ADA and that the disclosed impairments require a reasonable accommodation.

When a solution is not immediately obvious or agreed upon, the employer and requestor must engage in “the interactive process,” an open conversation to determine an effective and reasonable accommodation.

The employer cannot request documentation if the disability and need for accommodation are obvious, however, they may still need to engage in the interactive process if, for example, the requested accommodation would result in an undue hardship.

Requests for reasonable accommodation do not need to be in writing and a person can use plain language. They do not need to use the phrase "reasonable accommodation" when making their request.

An employer may choose to document and confirm the request in a letter, email, fillable form, or by some other means. They may not, however, ignore the initial request just because it was not submitted in writing. Employers should understand that any documentation process may require a reasonable accommodation as well. For example, the employer may need to assist a person in completing an accommodation request form if the person is unable to because of their disability.

Resource(s):

14. What is the interactive process?

The interactive process is an open conversation between the employer and the requestor to determine an effective and reasonable accommodation. If the disability and need for accommodation are obvious, this process is typically not necessary. However, if the disability or need are not clear, the interactive process can help ensure both parties understand and agree on a proposed accommodation. Agreement is important because employees cannot be forced to accept an accommodation they do not want, and employers are allowed to suggest alternative accommodations as long as these alternatives are effective and would meet the employee’s disability-related needs.

Employers who fail to engage in the interactive process can be found in violation of the ADA. Conversely, applicants and employees who do not engage in the process or who choose not to accept a reasonable and effective alternative when offered may no longer be considered qualified for the job. Employers are not required to hire or retain unqualified individuals, regardless of disability status.

Resource(s):

Requesting Accommodations: Accommodation Interactive Process

15. May an employer ask an employee if a reasonable accommodation is needed when the employee has not requested one?

Employers may not require employees to accept accommodations they do not want. However, an employer can discuss disability-related accommodations with an employee who has not made a request in the following circumstances:

The employee’s behavior is impacting the safety of the employee or others;
The employee’s behavior is affecting job performance, attendance, or other work-related activities and policies;
The employee has disclosed a disability or impairment related to safety, performance, or other work-related activities and policies; or
The disability and need for an accommodation are obvious.

Employers can share general information with applicants and employees about their ADA rights, reasonable accommodations and disability-related resources as long as they are not targeting a specific individual or making assumptions about an employee’s disability status. For example, an employer can include a contact for accommodation requests on their job application forms or provide general emails to staff about mental health resources that the employer offers.

Resource(s):

Mother May I? Must I? Should I? – Learn more about the accommodation process

16. Is providing leave necessitated by an employee's disability a form of reasonable accommodation?

Yes, absent undue hardship, providing unpaid leave is a form of reasonable accommodation. However, an employer does not have to provide more paid leave than it provides to other employees.

17. May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs additional leave?

If an employee with a disability needs additional unpaid leave as a reasonable accommodation, the employer must provide the employee with the additional leave even if it has a "no-fault" policy. An employer, however, does not need to provide leave if:

it can provide an effective accommodation that allows the person to keep working, or
it can show that granting additional leave would cause an undue hardship.

18. When an employee requests leave as a reasonable accommodation; may an employer provide an accommodation that requires him/her to remain on the job instead?

Yes, if the employer's proposed reasonable accommodation would be effective and eliminate the need for leave. Accordingly, an employer may reallocate minor job tasks or provide a temporary transfer instead of leave, so long as the employee can still address his/her medical needs.

19. Is a modified or part-time schedule a reasonable accommodation?

Yes, absent undue hardship. A modified schedule may involve adjusting arrival or departure times, providing periodic breaks, altering when certain job tasks are performed, allowing an employee to use accrued paid leave, or providing additional unpaid leave.

20. Is it a reasonable accommodation to modify a workplace policy because of an employee's disability?

Yes. For example, granting an employee time off from work or an adjusted work schedule as a reasonable accommodation may involve modifying leave or attendance procedures or policies. However, reasonable accommodation only requires that the employer modify the policy for an employee with a disability. The employer may continue to apply the policy to all other employees.

21. Does an employer have to reassign to a vacant position an employee who can no longer perform his/her job because of a disability?

Yes, unless the employer can show that it would be an undue hardship. The following criteria apply to reassignment:An employee must be "qualified" for the new position. This means that s/he:

satisfies the skill, experience, education, and other job-related requirements of the position, and
can perform the primary job tasks of the new position, with or without reasonable accommodation.

The employer does not have to assist the employee to become qualified.
An employer does not have to bump other employees or create a position.
Nor does an employer have to promote the employee.
Reassignment should be to a position that is equal in pay and status to the position that the employee held, or to one that is as close as possible in terms of pay and status if an equivalent position is not vacant.

22. Does a reasonable accommodation include changing a person's supervisor?

No. The ADA may, however, require that supervisory methods, such as the method of communicating assignments, be altered as a form of reasonable accommodation.

23. Are there certain things that are not considered reasonable accommodations and are therefore not required?

An employer does not have to eliminate a primary job responsibility.
An employer is not required to lower production standards that are applied to all employees, though it may have to provide reasonable accommodation to enable an employee with a disability to meet them.
An employer does not have to provide personal use items, such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices.

24. May an employer tell other employees that someone is receiving a reasonable accommodation?

No, because this usually amounts to a disclosure that the individual has a disability. The ADA specifically prohibits the disclosure of medical information except in certain limited situations, which do not include disclosure to coworkers.

25. May an employer ask whether a reasonable accommodation is needed when an employee with a disability has not asked for one?

If an employer knows that an employee has a disability, it may ask whether s/he needs a reasonable accommodation when it reasonably believes that the employee may need an accommodation. An employer also may ask an employee with a disability who is having performance or conduct problems if s/he needs reasonable accommodation.

26. What is undue Hardship?

An employer never has to provide any reasonable accommodation that causes undue hardship, meaning significant difficulty or expense. Undue hardship refers not only to financial difficulty, but also to reasonable accommodations that are unduly extensive or disruptive, or those that would fundamentally alter the nature or operation of the business.

Every request for reasonable accommodation should be evaluated separately to determine if it would impose an undue hardship, taking into account:

The nature and cost of the accommodation needed;
The overall financial resources of the business; the number of persons employed by the business; and the effect on expenses and resources of the business;
The impact of the accommodation on the business.

If cost is an issue, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. Also, to the extent that a portion of the cost of an accommodation causes undue hardship, the employer should ask the individual with a disability if s/he will pay the difference.

An employer cannot claim undue hardship based on employees' (or customers') fears or prejudices, or because providing a reasonable accommodation might have a negative impact on employee morale. Employers, however, may claim undue hardship where a reasonable accommodation would be unduly disruptive to other employees' ability to work.

27. Does an employer have to provide a modified schedule as a reasonable accommodation when requested by an employee with cancer?
Similar to Question 16 in the FAQ

Under the ADA, employers are required to provide reasonable accommodations that would not result in a fundamental alteration,undue hardship or a direct threat to health and safetywhen requested due to an employees disability.

Cancer is typically covered under the ADA definition of disability as it is a condition characterized by an out-of-control growth of abnormal cells. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. Major bodily functions, such as normal cell growth, are considered major life activities under the ADA. Cancer and cancer treatments can also cause a variety of other substantially limiting impairments, including but not limited to, pain, fatigue, nausea, problems with weight management, vomiting, hair loss, low blood counts, memory and concentration loss, depression, etc.

If an employee discloses that they have cancer and requests a modified schedule to attend treatment appointments, the request should be evaluated in the same way as other reasonable accommodation requests. This can include requesting documentation to verify that the employee has a qualifying disability and that their request for a modified schedule is related to that disability.

Practical Considerations for Requesting Documentation:
Employers should be aware that a delay in cancer treatment can have substantial consequences for the employees health and wellbeing. In situations where timeliness and the employees safety are a concern, employers should consider putting the employee on temporary leave during the documentation and/or accommodation review process so that the employee can begin attending their treatment appointments as soon as possible while they wait for their documentation and long-term request for a modified schedule to be evaluated. Options for leave can include paid time off, FMLA, employer-provided leave programs and unpaid leave as an ADA accommodation.

Resource(s):
Work-Leave, the ADA, and the FMLA
Cancer in the Workplace and the ADA
Accommodations and Compliance: Cancer+

28. What can employees with disabilities do when they run out of leave and need additional time?

When an employee needs additional leave due to a disability but has used up all of their paid work-leave, FMLA and/or other available leave, employers should consider unpaid leave under the ADA as a reasonable accommodation.

As with any accommodation request, employers must do an individualized assessment to determine whether providing leave as an accommodation under the ADA would be considered "unreasonable" (i.e. would it result in an undue hardship).

If providing unpaid leave as an accommodation would result in an undue hardship and no other reasonable accommodations exist that would allow the employee to return to work or perform the essential functions of their job, an employer should also consider temporary or permanent reassignment as a last resort prior to termination.

Resource(s):
Work-Leave, the ADA, and the FMLA
Employer-Provided Leave and the Americans with Disabilities Act
Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA

Title II: State & Local Governments

29. Does the ADA apply to State and Local Governments?

Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities, and services of public entities. It applies to all state and local governments, their departments and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive Federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive Federal financial assistance.

30. Are there any limitations on the program accessibility requirement for a State or Local Government?

Yes. A public entity does not have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens. The head of the public entity or his or her designee can only make this determination. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity.

31. Is a state or local government always required to modify its policies when requested by a person with a disability?

No. A state or local government (a.k.a. a public entity) only needs to make "reasonable" modifications in its policies, practices, or procedures to avoid discrimination and provide equal opportunity.

If the public entity can demonstrate that a requested modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. A fundamental alteration is something that would change the essential nature of theentity’s programs or services. For example, a local government would not be required to move a beach volleyball tournament to an indoor court.

A state or local government is also not required to take an action that would result in an undue financial and administrative burden. This means that the request would be too expensive and difficult to provide.

Rules that are necessary for the safe operation of a program, service, or activity are also allowed and can be enforced, but they must be based on actual risk, not on assumptions, stereotypes, or generalizations about people who have disabilities. For example, a parks and recreation department may require all participants in their agency-sponsored white-water rafting event to pass a swim test. It would not be a "reasonable" modification to eliminate this safety policy for a person with a disability due to the actual risk of harm to someone who cannot swim to safety if their raft capsizes. However, it would also not be acceptable to only apply this safety policy to people with disabilities.

If a requested modification would not be reasonable, a state or local government has a responsibility to look at alternative modifications that would be reasonable, effective and provide access to the greatest extent possible.

Resource(s):

32. How does Title II affect participation in a State or Local Government's programs, activities, and services?

A state or local government must eliminate any eligibility criteria for participation in programs, activities, and services that screen out or tend to screen out persons with disabilities, unless it can establish that the requirements are necessary for the provision of the service, program, or activity. The State or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program, or activity, it is not required to make that modification.

33. Does Title II cover a public entity's employment policies and practices?

Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. In addition to Title II's employment coverage, title I of the ADA and section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination against qualified individuals with disabilities by certain public entities.

34. How will the A D A 's requirements for State and Local Governments be enforced?

Private individuals may bring lawsuits to enforce their rights under Title II and may receive the same remedies as those provided under section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees. Individuals may also file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation.

Title III: Places of Public Accommodations

35. What are public accommodations?

A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.

36. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Appropriate auxiliary aids and services may include services and devices such as qualified interpreters, assistive listening devices, note takers, and written materials for individuals with hearing impairments; and qualified readers, taped texts, and Brailled or large print materials for individuals with vision impairments.

37. Are there any limitations on the ADA's auxiliary aids requirements?

Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing regulations and case law under section 504 of the Rehabilitation Act and are to be determined on a case-by-case basis.

38. Are restaurants required to have brailled menus?

No, not if waiters or other employees are made available to read the menu to a blind customer.

39. What are "reasonable modifications" in places of public accommodation?

Reasonable modifications under Title III of the ADA are changes in policies, practices or procedures that allow a person with a disability to have equal access to the goods, services, facilities, privileges, advantages, or accommodations (lodging, etc.) provided by a place of public accommodation.

Here are some examples:

Modifying a "no pets" policy to allow a blind customer to use their trained service dog in a grocery store.
Modifying practices by having restaurant staff cut up food for a guest who cannot do it themselves due to hand tremors.
Modifying doctors office procedures to allow a patient with a disability to attend a virtual appointment instead of in-person.

Resource(s):

40. Are stores required to provide personal shopping assistance?

It depends. If a store offers personal shopping assistance to customers without disabilities, than this service must be accessible to customers with disabilities. However, if the store does not offer personal shopping services, they are generally not required to provide them to a person with a disability. Title III of the ADA requires businesses to provide equal access to goods and services. It does not require a store to provide personal devices (hearing aids, wheelchairs, etc.) or personal services (assistance in eating, toileting, shopping, etc.).

This does not mean a store would not need to comply with other relevant ADA requirements, such as making reasonable modifications or providing auxiliary aids and services. For example, a store employee could be asked to read a label to someone who is blind or retrieve items from a high shelf for a person with dwarfism. If these requests would not result in an undue burden or fundamental alteration of the business, they would generally be expected to provide them.

Resource(s):

41. Who is responsible for physical access in leased places of public accommodation?

Landlords and business or non-profit tenants covered under Title III of the ADA both have legal obligations to remove physical barriers. However, both parties are allowed to decide by lease or other contractual method who will be responsible for making changes to a particular portion of the facility. For example, landlords may retain the right to make physical modifications to the parking lot, building exterior, and common areas while the tenant may only be responsible for making physical modifications inside their leased space.

In addition, alterations made by a tenant to their leased space would not trigger the landlord to make alterations to areas outside of this space.

However, both parties remain legally responsible for full compliance with the ADA, regardless of leasing or other contractual agreements.

Resource(s):

42. Do places of public accommodation have to provide American Sign Language (ASL) interpreters?

Places of public accommodation (businesses, non-profits, etc.) covered under Title III of the ADA are required to provide “effective communication” which can require auxiliary aids and services like an ASL interpreter.

Places of public accommodation have a duty to make sure their communication with people who have disabilities is as effective as it is with people who don’t have disabilities. The method used to provide effective communication will depend on a number of factors such as the person’s disability, their preferred method of communication, the nature of what is being communicated (e.g. how complex is the communication?), and the context in which the communication is taking place.

The ADA provides the following examples of auxiliary aids and services although this list is not exhaustive:

Qualified interpreters
Notetakers
Real-time computer-aided transcription services
Written materials
Exchange of written notes
Telephone handset amplifiers
Assistive listening devices
Assistive listening systems
Telephones compatible with hearing aids
Closed caption decoders
Open and closed captioning, including real-time captioning (e.g. CART)
Voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones
Videotext displays
Qualified readers
Taped texts
Audio recordings
Brailled materials and displays
Screen reader software
Magnification software
Optical readers
Secondary auditory programs (SAP)
Large print materials

There is no one-size-fits all solution for providing effective communication as each person’s disability-related needs will be different. This is why places of public accommodation are encouraged to consult with the person about which aids or services will work for them. Whatever method is used, as long as the communication is effective, it meets the requirement.

Resource(s):

ADA Requirements: Effective Communication

Title IV: Telecommunications

43. My company's technical support clerks have been receiving many calls from an individual using Telecommunications Relay Services (TRS). These calls come from 1 individual who is deaf and the calls take a long time using the relay operator. Can I tell this individual that he is limited to 1 call a week and refuse his relay calls if there are more than one?

No. This would be putting restrictions on this individual based on his disability and his need to communicate with your business using relay services. If other individuals have no restrictions on the number of calls that can be made to your technical support clerks then no restrictions should be placed on this individual who uses relay services.

Title V: Miscellaneous Provisions

44. Is an individual only allowed to file complaints with a Federal agency or file a lawsuit in order to settle a issue regarding a violation of the ADA?

No. Title V of the ADA encourages alternative dispute resolutions. Some Federal agencies have mediation programs designed to settle complaints without the agency having to conduct an investigation or a lawsuit being filed. The U.S. Department of Justice and the Equal Employment Opportunity Commission have such mediation programs.

2010 ADA Accessibility Standards

45. Is there a minimum distance that accessible parking spaces need to be from accessible entrances?

No. There is no minimum distance required between accessible entrances and accessible parking spaces. The 2010 ADA Standards only state that accessible parking spaces must be located on the "shortest accessible route" to an accessible entrance. What is considered the "shortest" distance will vary depending on multiple factors such as the location of the lot compared to the building, where the accessible entrance is located, etc.

If a building has multiple accessible entrances with adjacent parking, the accessible parking spaces must be dispersed and the dispersed spaces must be located on the shortest accessible route to the closest accessible entrance.

When there are multiple parking lots that serve the same building or entrance, accessible parking spaces may be grouped in the closest lot if this allows equivalent or greater access.

Resource(s):

46. Do accessibility standards apply to Electric Vehicle (EV) Charging Stations?

Various accessibility standards may apply to EV charging stations depending on their design and the entity that is using them.

For entities covered under the ADA or ABA Accessibility Standards, EV charging stations must comply with the technical requirements for floor and ground surfaces (§302), clear floor or ground space (§305) , reach ranges (§308), operable parts (§309), accessible routes (§402), and other provisions when needed, such as some of the provisions in parking (§502), signs (§703),and fare machines (§707). See 36 C.F.R. §1191.1.

EV chargers developed, procured, maintained, or used by federal agencies must also comply with the revised Section 508 Standards. See 36 C.F.R. §1194.1, App. A and C. This includes that the user interface (UI) be accessible. EV chargers which do not incorporate a display screen would not be required to be speech-output enabled, but are still ICT and would have accessibility requirements if they are more complicated than just plugging them in.

Resource(s):
Design Recommendations for Accessible EV Charging Stations for more guidance.
ABA Accessibility Standards
ADA Accessibility Standards
Section 508 Standards

47. When making updates to a primary function area, like the dining area of a restaurant, does an entity also need to ADA or ABA Accessibility Standards make accessibility updates to the entrance, restrooms, and other inaccessible parts of the path of travel?

Potentially, yes. Facilities required to comply with the 2010 ADA Standards (excluding residential dwelling units) are required to make additional accessibility updates to the path of travel if they are making alterations to areas containing a “primary function,” such as the dining area of a restaurant. (§202.4)

However, compliance updates to the path of travel have a cost cap called “disproportionality” within the ADA. Under this rule, the entity is not required to spend more than 20% of the total cost of the alterations to the primary function area on compliance updates for the path of travel.

Where costs for necessary path of travel alterations exceed this 20% limit, the updates should be prioritized in this order:

An accessible entrance
An accessible route to the primary function area
Restroom access
An accessible telephone
An accessible drinking fountain
Access to other elements such as parking and storage

Resource(s):
Chapter 2: Alterations and Additions
Guide to the ADA Accessibility Standards

48. Which types of signs are required to include Braille?

Braille requirements apply to these types of signs:

Interior and exterior signs identifying permanent rooms and spaces, where provided (§216.2);
Required door labels at exit stairways, exit passageways, and exit discharge (§216.4.1);
Required labels for floor levels, car controls, and emergency communication devices at elevators (§407.2.3.1, §407.2.3.2, §407.4.7.1.1, §407.4.9); and
Rail station identification signs at entrances and platforms or boarding areas (§810.6.1).

Resource(s):
Chapter 7: Signs
Guide to the ADA Accessibility Standards

Last Updated on:
Thu Nov 7, 2024

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